Apodaca v. Willmore, 349 P.3d 481

Kansas court faces whether firefighter's rule applies to law enforcement officers performing public safety duties.
Officers Apodaca and Dulaney were injured when Apodaca collided with a disabled pickup while en route to a scene 104 mph after a high-speed response.
Willmore driver of the pickup had rolled the vehicle asleep at the wheel; he was intoxicated and turned off the pickup’s headlights, hindering visibility.
Dispatch informed officers that the scene was north of I-70, the vehicle was in the northbound lanes, and no one was injured at the scene.
District court held the firefighter's rule extends to law enforcement officers, granting summary judgment for the Willmores; officers pursued partial summary judgment and appeal.
Court affirmatively adopts Calvert’s public policy, extending the firefighter's rule to law enforcement officers and finding none of Calvert’s exceptions apply here.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the firefighter's rule extends to law enforcement officers	Apodaca: policy applies to LEOs, bars recovery	Willmores: rule should not extend beyond firefighters	Rule extends to LEOs
Whether Calvert exceptions apply	Exceptions (warning, subsequent negligence) may allow recovery	Exceptions do not apply here	No Calvert exceptions apply
Whether an extra willful/wanton/reckless exception should be adopted	Possible new exception should be recognized	Court should not create new exception	No new willful/wanton/reckless exception recognized

Calvert v. Garvey Elevators, Inc., 236 Kan. 570 (1985) (established public policy extending firefighter's rule to public safety responders)
McKernan v. General Motors Corp., 269 Kan. 131 (2000) (products liability exception to firefighter's rule; reaffirmed public policy basis)
State v. Vistuba, 251 Kan. 821 (1992) (recognizes public safety officer roles and caretaking functions justifying rule)